§ 75-5393a — Interpreter registration; requirements; fingerprinting; criminal history record check; renewals; fees; rules and regulations

Kansas § 75-5393a

• Jurisdiction: Kansas
• Ch. 75: STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
• Art. 53: DEPARTMENT FOR CHILDREN AND FAMILIES

Text

(a) A person seeking to interpret under K.S.A. 75-4355a through 75-4355d, and amendments thereto, and K.S.A. 2024 Supp. 75-5393a through 75-5393d and 75-5397f, and amendments thereto, or to comply with any state or federal law or rules and regulations shall obtain registration in accordance with this section.
(b) To obtain registration as an interpreter, an applicant shall submit an application on a form and in a manner prescribed by the commission and shall pay the registration fee determined by the commission in rules and regulations. The commission may grant registration to any person who:
(1) Has obtained a high school diploma or its equivalent;
(2) is 18 years of age or older;
(3) has no other record of disqualifying conduct as determined by the commission; and
(4) has obtained a certification or other appropriate credentials as determined by the commission.
(c) (1) The commission may grant registration as an interpreter to an applicant who has been duly licensed or registered as an interpreter by examination under the laws of another state, territory or the District of Columbia if, in the opinion of the commission, the applicant substantially meets the qualifications for registration as an interpreter in this state. The applicant shall provide satisfactory evidence of verification of the applicant's licensure or registration from the original state of licensure or registration.
(2) The commission may grant temporary registration to a nonresident interpreter who holds a certificate or license in such interpreter's state of residence. An interpreter granted a temporary registration shall not interpret more than 20 separate days in a year in this state.
(d) (1) Registrations issued under this section shall expire on the date established by rules and regulations of the commission unless revoked prior to that time. The commission shall send a notice for renewal of registration to every interpreter at least 60 calendar days prior to the expiration date of such person's registration.
(2) (A) A registered interpreter shall have a grace period of 30 calendar days after a registration has expired to renew such registration without a late fee. The commission may charge a late fee for any renewal application received after such grace period. The commission shall determine the amount of the late fee in rules and regulations, but such fee shall not exceed $200.
(B) An interpreter whose registration has expired after failing to submit a renewal application may renew registration upon payment of the late fee and submission of satisfactory evidence of completion of continuing education requirements established by the commission. For renewals of expired registrations, the commission may require additional testing, training or education to establish the interpreter's present ability to perform the functions and responsibilities of an interpreter.
(3) An interpreter, as a condition for renewal of a registration, shall attend not less than 30 hours of continuing education programming within a two-year period. Upon receipt of such application, payment of fee and evidence of satisfactory completion of the required continuing education, the commission shall verify the accuracy of the application and grant renewal of the registration.
(e) (1) The commission may require an applicant for registration as an interpreter to be fingerprinted and to submit to a state and national criminal history record check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
(2) The commission may fix and collect a fee for fingerprinting and conducting a state and national criminal history record check of applicants or registrants as may be required by the commission in an amount equal to the cost of fingerprinting and the criminal history record check.
(f) The commission may refuse to issue, renew or reinstate a registration, may condition, limit, revoke or suspend the registration of any individual if the applicant or registrant:
(1) Has been found incompetent or negligent in the practice of interpreting;
(2) has been convicted of a felony offense or a misdemeanor against persons and has not demonstrated to the commission's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) submits an application that contains false, misleading or incomplete information;
(4) fails or refuses to provide any information requested by the commission;
(5) fails or refuses to pay the required fees;
(6) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state or the United States, territory of the United States or another country, and the applicant or registrant has not demonstrated to the commission's satisfaction that such person has been sufficiently rehabilitated to merit the public trust; or
(7) has had a license, registration or certificate to practice as an interpreter revoked, suspended or limited, or has been the subject of other disciplinary action, or an application for a license, registration or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
(g) Administrative proceedings and disciplinary actions regarding interpreter registration under K.S.A. 2024 Supp. 75-5393a through 75-5393c, and amendments thereto, shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under K.S.A. 2024 Supp. 75-5393a through 75-5393c, and amendments thereto, shall be in accordance with the Kansas judicial review act.
(h) The executive director of the commission shall adopt rules and regulations to effectuate the provisions of this section. Such rules and regulations may include, but not be limited to:
(1) Fees, including, but not limited to, registration fees and late fees, that are necessary to fund the expenses and operating costs incurred in the administration and enforcement of this section;
(2) categories of interpreter certification and interpreter endorsements, including necessary credentials or qualifications;
(3) continuing education requirements and programs for registered interpreters;
(4) a code of professional conduct;
(5) a supervision and mentorship requirements and programs for interpreters with provisional registration;
(6) suspension or revocation of interpreter registration; and
(7) any other matter deemed necessary by the executive director to implement and administer this section.

Legislative History

L. 2022, ch. 50, § 1; L. 2024, ch. 15, § 98; July 1.